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Bombay High CourtCAC/232/2019disposed off

Shri. Laxman T. Nirankari Thr. Poa. Shri. Dayaldas T. Nirankari v. Shriniwas Gopal Pandit

2019-07-02Hon'Ble Shri Justice R.D. Dhanuka3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 232 OF 2019 (For Extension of time) In CIVIL REVISION APPLICATION NO. 192 OF 2018 Shri Laxman T. Nirankari .... Applicant

IN THE MATTER BETWEEN

Shri Laxman T. Nirankari ....

Petitioner V/s.

Shriniwas Gopal Pandit ....

Respondent With CIVIL APPLICATION NO. 233 OF 2019 (For Extension of time) In CIVIL REVISION APPLICATION NO. 32 OF 2018 Shri Jaisingh Dadoba Jadhav .... Applicant

IN THE MATTER BETWEEN

Shri Jaisingh Dadoba Jadhav ....

Petitioner V/s.

Shriniwas Gopal Pandit .... Respondent - Shri. Sriniwas Sudhir Patwardhan i/by Shri. Bhushan R. Mandlik for the applicant/ petitioner in both the applications.

Shri Suryajit P. Chavan for the Respondent in both the applications -

CORAM : R. D. DHANUKA, J DATE :

2 nd JULY, 2019.

P. C. :

1.

The Applicant in CA No. 232 of 2019 prays that the act of applicant original petitioner of depositing the amount of compensation as ordered under Clause 3(ii) and (iii) by order dated 12th December, 2018 in the present Civil Revision Application in the Registry of the Executing Court at Kolhapur, be treated as sufficient compliance of the order dated 12th December, 2018 passed by the Court and further seeks extension of time to file affidavit of undertaking as ordered by this Court in clause 3 (viii) of the order dated 18th December 2018. 2.

It is the contention of the Applicant that the amount is deposited by him with the Registry of Executing Court at Kolhapur instead of depositing the amount in this Court. It is not in dispute that the Applicant has deposited the amount of compensation within time as directed by this Court, however, with the Executing Court at Kolhapur instead of this Court. In so far as Civil Application No.233 of 2019 is concerned, Shri Patwardhan, learned counsel for the applicant states that the undertaking will be filed by the Applicant/ Petitioner himself in compliance with the order passed by this Court within two weeks from today. The Applicants are permitted to file undertakings as

prayed in the Civil Applications in terms of the aforesaid order.

3.

Both the Civil Applications are allowed in terms of prayer clauses (A) and (B). Time to comply with the directions contained in clause 3(iii) and (viii) of the order dated 8th December 2018 is extended by a period of one week from today.

4.

The Civil Applications are accordingly disposed of. (R. D. DHANUKA, J.)